Interesting Videoclips of the Week (October 31 – November 4, 2011)

Editor’s Note:  In this series of articles, we include important or interesting videoclips with our comments. This
is an article that expresses our personal opinions about comments made
on Television and in Print. It is NOT intended to provide any investment
advice of any type whatsoever.  No one should base any investing
decisions or conclusions based on anything written in or inferred from
this article. Investing is a serious matter and all investment decisions
should only be taken after a detailed discussion with your investment
advisor and should be subject to your objectives, suitability
requirements and risk tolerances.

1. Bernanke Nouveau!

This week we saw the entry of Mario Draghi as the new head at the ECB. He cut Euro interest rates by 25 basis points in his first meeting as ECB chief. Is he Bernanke Nouveau? That is we kept hearing on Thursday, first in a tweet from CNBC’s Steve Liesman and then from others.  Europe needs rate cuts badly and so does the rest of the world.

Scott Minerd of Guggenheim Partners extended the “nouveau” analogy by discussing a Draghi Put with CNBC’s Melissa Lee:

  • I mean 6.3% (for the Italian 10-Year Bond) signals concern, not panic and I think at this stage of the game the policy makers are so aware of the problems in Europe…now they’re hyper-aware, very sensitive. They understand this systemic risk. I think that the EU has made it clear that they’re not going to allow the banking system to fail in Europe. They will do whatever is necessary and I think now that we have Mario Draghi at the ECB, we have a different game going in terms of aid, in terms of supporting the market.

This week, Bernanke actually paled in comparison to Bernanke Nouveau. Chairman Bernanke said very little that could impact financial markets. Some people thought he was too hawkish and some people thought he was aggressively dovish. One such was Rick Rieder of BlackRock who made the stunning statement:


2. 5-Year Treasury at 1% is really Cheap

We are inured to CNBC Anchors telling us that interest rates have no where to go but up. We hear stock investors like Lee Cooperman knocking down Treasuries. This week, we heard Doug Kass tell CNBC Fast Money that “individual investors should short fixed income with impunity”.

Against this backdrop, we were rather stunned to hear Mr. Rieder of BlackRock say on CNBC that the 5-year Treasury at 1% yield is cheap, meaning its yield would go down and price would go up. He explained to Maria Bartiromo:

  • The (Fed) comment about mid-2013. It is going be longer than that. I think the Fed is going to stay on hold for a very long time. The structural headwinds are so debilitating for the economy …. the 5-year at 1% is really cheap.

Last week, Rich Volpe predicted a rise to 2.60% in the yield of the 10-Year. Mr. Volpe predicted that on technical basis, the main reason being the break above 2.30% of the 10-Year yield (see clip 2 of our Videoclips of October 24 – October 29 article). This week, George Goncalves of Nomura went one step further predicting a 2.75% for the 10-Year Yield. His reasons are mainly based on growth & inflation (see clip 3 below).

Jeff Kilburg of Treasurycurve.com. has been fairly correct in his short term predictions of the Treasury market. He thinks the 10-Year Treasury yield will get back to the 1945 low of 1.67% by the end of 2011 (see clip 2 below for his comments).

3. The US Economy

The prospect of a recession in the US is officially dead. That was the consensus after the Fed statement this week. After all, Chairman Bernanke told us that US economic data is coming in firmer. This week, the ECRI weekly leading index actually rose. So what’s not to like?

Scott Minerd of Guggenheim Partners made this case on Friday on CNBC’s Money In Motion:

  • I think that what we’ve really discovered here over the last six to eight weeks is the United States is not going to have a recession; That the U.S. is powering ahead despite the fact that Europe is having major problems. And it looks a lot like the same period of time when we went through the Asian Crisis. You know, in the Asian crisis in 1998 we had a third of the GDP in the world go offline, but yet the United States’ equity markets continued to rally in the year 2000. Part of what’s helping this all along is the fact that the Fed is ready and willing and able to print as much money as it thinks is necessary to keep it moving.

But for some reason, the Treasury market is not singing this happy tune.  We can understand the short end of the curve being strong and stable. But why are long duration Treasuries refusing to march to the no-recession drum beat? 

4. The US Stock Market 

In our opinion, the US stock market keeps saying to Europe – don’t give us any definitive bad news. We will take any punt you come up with but not bad news. This week, Monday and Tuesday saw large, steep declines because of the definitive news about a Greek referendum.  Wednesday and Thursday were big rallies mainly because the Greek referendum was cancelled and definitive news was postponed. 

The stock markets keep telling us that they expect a positive solution down the road. So any definitive bad news shakes the market. Then as the bad news dissipates, the stock markets rally. Yes, we realize this is highly unstable but it is what it is. Just look at how the Italian 10-Year Bond yield keeps rising to new highs without any impact on the stock markets. People simply seem under-invested.

That is also the lesson from The Flow Show: Investors Chasing Risk, a report from Michael Hartnett of BAC-Merrill Lynch:

  • Big inflows to EM equities since April 2011
  • Biggest inflows to EM Debt in 8 weeks
  • Solid inflows to Gold & Precious metals
  • Money flowed into High yield Bonds and out of Investment Grade Bonds
  • Treasuries saw 3rd straight week of big redemptions, longest losing streak since February 2011

Just for the record, EEM, the EM Equity ETF, peaked in April 2011 and TLT, the Treasury ETF, bottomed in February 2011.

But the sell off on Monday and Tuesday did reduce the severe overbought condition of last week. The snapback seems to have made more people bullish about the stock market:

  • Andy Busch of BMO capital markets now advocates risk on trades into year-end.
  • Laurence McMillan of Option Strategist remains bullish in his weekly commentary “As long as SPX 1220 holds, this market should be able to work its way higher.
  • Scott Redler of T3live.com told CNBC – “as long as we stay above 1220, we’re going to see new highs for the fourth quarter.”
  • Scott Minerd of Guggenheim Partners and of the Draghi put predictedI think we will be back near the highs at the end of the year.

Our question is where are the Bears?

Scott Minerd is consistent in his views as we see from the above. Laurence McMillan and Scott Redler are consistent in their methodology as well. But consistency is not something we can expect from Jim Cramer.

5. Cramer vs. Cramer?

On Tuesday, October 25, Jim Cramer devoted an entire Off the Charts segment on his Mad Money show to the views of Ed Ponsi. He gave undiluted coverage to Ponsi’s view that the Banks were due for a serious rally, that “banks could be ready to .. rocket higher” (see clip 1 of Videoclips of October 24 – October 29, 2011).

Sometimes, Cramer gives voice to technical opinions of his colleagues but voices his disagreement if he doesn’t concur with their views. But not so in this Bank out-performance clip. If you read our clip coverage or if you hear the entire videoclip, you will not find any disagreement from Cramer. This is why we used the term “undiluted coverage” in the paragraph above.

On this Monday, October 31, when answering a question from a caller, Jim Cramer said the following:

  • the problem with financials is this is by far my least favorite group, okay? right now I don’t watch to touch them. The reason is that had a nice run here, the reason is because they are still weak with Europe. By the way, they don’t have revenue group, they don’t have good margins. Can I tell you? They have got to be the most hated stocks I have ever seen by not one but both parties. We are not buyers of the financials. After this run, we are now sellers.

What run? The BKX at its recent high was only up by 4% since the Cramer-Ponsi clip. We checked and found that BAC, C & JPM were only about 3-5% up since the Cramer-Ponsi clip.

Jim Cramer has every right to change his support of the Ponsi view. The MF debacle hit on Monday and the financials cratered that day. So Jim Cramer might have changed his mind. That is OK.

What is not OK is the way he did this. His positive recommendation was highlighted in a stand-alone segment. His negative call should have been done in a similar stand-alone manner by Cramer explaining why he changed his mind. Instead, he slipped his negative call in a quick answer to a viewer.

So now Jim Cramer can have it both ways. If financials outperform thanks to positive European news, he can trumpet his Ponsi segment. If they crater, he has a defense from a short answer to a caller. Is this TV cowardice or is it lack of intellectual honesty? You be the judge.


6. CNBC’s Interrogation of Sean Egan

This Thursday, Egan-Jones downgraded Jefferies by one notch to BBB-. The issues cited were 13:1 leverage in the middle of European crisis and the efficacy of hedges to protect positions in European Sovereign Debt that amounted to a gross weighting of 77% of shareholder equity.  CNBC Squawk on the Street and CNBC Street Signs covered this story in a rather unique manner.

See clips 4 & 5 below for the conversations and questions. See our adjacent article about our opinion of how CNBC handled this issue.

Featured Videoclips

  1. Michael Crouch with CNBC’s Rick Santelli on Friday, November 4
  2. Jeff Kilburg on CNBC Fast Money Half Time on Tuesday, November 1
  3. George Goncalves on CNBC Fast Money on Wednesday, November 2
  4. Sean Egan on CNBC Squawk on the Street on Thursday, November 3
  5. Anton Schutz on CNBC Street Signs on Thursday, November 3


1. Two Alternatives to Protect Your Money in a Futures Firm – Michael Crouch of Kottke Associates with CNBC’s Rick Santelli – Friday, November 4

The big story of the week is the potential loss of customer money at MF Global. This story may create history because it might be the first time customers lost a piece of their segregated monies in a Futures Commission Merchant.

In this sub-clip, Rick Santelli tells viewers how to keep their monies protected in the next MF Global type of situation. His guest is Michael Crouch of Kottke Associates. According to Rick, no one knows clearing better than Mr. Crouch. This conversation begins at minute 07:08 of this 11:03 minute clip.

  • Santelliokay. let’s talk about how a viewer out there, who has any account in financial service company, what lessons is he going to learn, he or she, and what could they do to protect themselves? In other words if you think your name is on a segregated fund, beyond your margin, that money is invested, okay, by the company. Now, if you don’t want them to invest it, do they have any other alternatives on how they can deal with putting their money and having margins?
  • Crouch – well, there are two major alternatives to protect yourself in that situation
    • 1) you can direct the firm to buy Treasury Bills. And those are separately named segregated assets. The Bankruptcy Court has always said that separately identifiable assets belong to the owner. So, that’s a real positive. And,
    • 2) the second alternative, of course, is to make the daily pay and collect, wire your margin requirements in, if you have excesses, wire them out. 
  • Santelli – Important safety tip. Excellent, Mike. Make sure the T-bill has your name on it. If you don’t to want do it that way, then wire the money in and out as needed for margins but don’t keep anything extra. My last issue is this, with regard to MF, if there are haircuts on segregated funds, forgetting the CME side, just on the MF side, I don’t think it’s ever happened before. This could potentially have an outsized impact on business of trades and margins, couldn’t it?
  • Crouch in the past all commodity firm bankruptcies, the exchanges have been able to transfer customer positions and seg funds out before the firm declared bankruptcy. In this situ
    ation, the firm
    declared the bankruptcy while all the positions were still there because of, you know, the time frame over the weekend
  • Santelli – and there’s a high probability there could be, at least now, haircuts on what’s left being divided, pending all regulations, lawsuits, bankruptcy trustees, gets a bit complicated. We will try to keep you informed.

Of all the CNBC anchors and reporters, only Rick Santelli thought the topic of customers losing their money in a financial securities firm was important. Only Rick Santelli thought of finding an expert to advise CNBC’s viewers how to keep their monies safe in a Futures firm.

This is why individual investors think Rick Santelli is the MVP of CNBC. All other anchors are too busy cozying up to  Institutional Traders and Wall Street executives.


2. 10-Year Treasury yield at 1.67% by December? – Jeff Kilburg on CNBC Fast Money Half Time (03:56 minute clip) – Tuesday, November 1

Jeff Kilburg, Senior Development Director of TreasuryCurve.com, has been correct in most of his calls on Treasurys. On Monday, October 31, he predicted that the 10-Year Treasury yield will go below 2%. He proved to be right the very next day.  In this clip, he offers his medium term as well as very short term recommendations. Scott, the “Judge” Wapner interviews him in this clip.

  • Judge – I give you credit. You said it was going below 2% but don’t even look into the camera and tell me you thought it was going below 2% today.
  • Kilburg – … I try to not approach it in a pessimistic way, in an optimistic way. I try to be a realist.  You knew I had skepticism on the rally last week and as we pull the layers over this onion back, what we realize is that Italy is in some trouble., with the debt they have outstanding. There are some grave concerns. MF Global was the one catalyst that kicked everything off this week.
  • Wapner – What was the low that we hit on the 10-Year? Was it 1.67% or something around there on an interim basis?
  • Kilburg – Yeah, Judge. You are right. In 1945, 1.67% was the low. I called for it being test and we did test it on September 23rd. I think right now, if we do fall short of the details of the G-20 summit, 1.67% is going to be tested again.
  • Kilburg – If the G-20 does produce some monumental bazooka out there, I think they really need to come up with a Euro bonds to quell all fears. I know we are a quarter away from Merkel actually getting a Eurobond. But we need something of that size. We are going to see a substantial rally (in interest rates) but we are going to fall short and therefore the test of 1.67% is coming here before the year is over.
  • Wapner – The only thing that blows up your trade is a positive headline that could come any moment that causes a rotation again out of Treasuries.
  • Kilburg – That’s why you got to be nimble. You could get protection … you could put on some options, this is a good position. It went under 2% today, it hit 1.96%, may be you take some of this trade off…

This was another terrific call that worked the very next morning. If you had sold or shorted long maturity Treasuries or TLT on Tuesday afternoon, you would have made a couple of percent by  Wednesday morning.

At this point. in the clip, Jon Najarian of Trade Monster made a key point:

  • Najarian – How do you protect for that? You take a look at some low risk options strategies, in other words, owning options, not selling them naked. The people who have sold them naked, they are a lot like Jon Corzine here, taking on unlimited risk without knowing how they could possibly quantify it, especially if things indeed do decouple. So what you want to do is own option premium, not sell it.

This sounds simple and frankly, it is simple. But trading egos are such, the temptation of being smarter than the market is such, that even pros succumb to their egos and get killed. As the old saying goes, Pride Cometh before a Fall.

This week, the Treasury market exhibited the craziest action we have ever seen. Three days, from Friday to Tuesday, showed a vertical waterfall decline in interest rates, the likes of which we cannot recall.

For the opposite point of view, see the next clip.

3. 10-Year Treasury yield going back to 2.75% – George Goncalves on CNBC Fast Money – Wednesday, November 2

George Goncalves is the Head of Interest Rate Strategist at Nomura. He is interviewed by CNBC’s Melissa Lee. His comments begin at minute 1:54 of the clip

  • Lee –  what stood out to me in terms of the notes I got, you see the ten-year yield rising to as high as 2.75%. what sort of time frame are we looking at?
  • Goncalveslet’s take a step back and assess what happened today with the Fed. I think people are not placing enough emphasis on the fact that the Fed — yes, they downgraded their growth expectations but it’s still positive. In that kind of environment rates should not be under 2%, other than the fear trade we’re getting out of Europe. I think, there’s a disconnect going on where bonds potentially could be wrong. And  the equity market and TIPS as well are telling you that inflation is coming and you need to allocate out of bonds.
  • Goncales I think they’re pretty much done with buying Treasuries. If they come back, we know there’s a lot of talk about them buying mortgages. I think that will be the venue they choose. In that type of situation, spread products, mortgages and credits,  will do better than Treasuries. And Treasury rates can rise. They’re not trying to necessarily floor rates. I think the twist has been infective in that sense.…overnight we’ve seen a lot of selling out of Asia and i think the Central Banks outside of the Fed do not want to buy Treasuries under 2%.
  • Lee – in terms of potential mortgage securities purchases, when can we expect that?
  • Goncalveswell, I guess if you really listen to the Chairman in the press conference and how he was being very careful in how he worded the MBS part of all the questions he was getting, It’s still on. I think the Bernanke put is still there. I think the MBS QE3 program is still a high probability, it’s just got pushed back. But it is still there.


4. Downgrade of Jefferies – Sean Egan on CNBC Squawk on the Street – Thursday, November 3

Sean Egan, the President of Sean Egan Ratings Company is no stranger to readers of this Blog o
r to CNBC.  His company is the primary independent ratings agency in the country, independent in the sense that it does not take payment from the Issuers of Debt that the company rates

In this clip, he is interviewed by CNBC’s tag team of Carl Quintannia, Melissa Lee, David Faber and Simon Hobbs.

  • Lee – I want to cut to the quick. in your note, you write that according to the August 2011 10-Q, Jefferies has sovereign obligations equal to 77% of shareholder equity. Today, Jefferies is putting out a statement saying its exposure is 1% of shareholder equity. Will you revise your credit rating?
  • Egan – Probably not. We spoke with Jefferies. We suggested they put out a release. Their contention is they have off setting shorts to balance that and hopefully they will. The issue, the message that has come out is that these things move very quickly and hopefully, they’ll raise equity capital.
  • Lee – So, you’re saying at this point they would need to raise capital and that effectively would be dilutive.
  • EganThey have a 13-1 leverage which is a lot less than MF Global’s 40:1. None the less, the environment has changed post Lehman Brothes post MF Global, where by the people who do business with Broker Dealers get stuck and therefore, risk managers are less tolerant than they were a couple of years ago.
  • Quintannia – Obviously, the fact the net exposure is thin, Sean, is not enough. Is there something about the off sets that you find unsatisfactory? Is it a matter of buying your protection from a bank in Europe that might be in trouble?
  • Egan – Absolutely. You have to make sure that there is a balance. There is no perfect hedge in the market (you will hear someone, we guess Faber, mumbling in the background unbelievable) and you worry about whether or not this structure is set up for the hedges and in the case of the company, Jefferies, we would like them to raise more capital. 13-1 is just too high in this environment. It’s riskier–  banks are supposed to have 9-1 leverage and the company is higher than that.
  • Faber – Sean, this is David Faber. I‘d like to understand what happened here. I spoke to the CFO & the CEO, you took a shot at a very vulnerable company here, Stock down as much 20% at one point today. They say they explained to you they had off setting short positions in these securities, cash positions, CDS,  and that you said ultimately if you become public with that, I might revise my rating. I heard you say you are not going to. Why (almost in a shouting tone)  would you come with this report specifically citing the sovereign exposure when they (listen to Faber’s emphasis) told you they had (again emphasis) all the shorts in place that offset it?
  • Egan – Let’s put things in perspective, David. We cut our rating from BBB to BBB minus and we put it on negative watch. It’s in recognition of the change in operating environment. Hopefully, the shorts do completely off set the longs.You never have complete comfort on that. In fact, if you look at the tapes
    from Lehman Brother, Bear
    Stearns, they said they’re completely hedged and not to
    worry about it. They have very sophisticated internal risk assessment systems and they acted too quickly. … I‘m going to have to speak to my other partners, but we want to see what they come out with. They’ve sent us additional information this morning. It’s unlikely we’ll take a change. I think that the bottom line here is that 13-1 leverage (Faber saying yeah) is too high when you’re unlike a bank – You don’t have the deposits backstopped that are backstopped by the U.S. government effectively and therefore, more vulnerable. Hopefully, they’ll raise capital to reflect the change in the working environment. granted,
  • Faber – granted obviously we’re all cynical not because we were born that way, but because of experience, but that being said, when it comes to the leverage ratio, the CFO would point out to me that 13:1, nonetheless, 90% of their assets are more or less are Level One or Level Two. That they have some very long dated long average maturity debt that in a sense almost should be considered capital. They’ve got $3.6 billion in capital and they don’t have these legacy ’08 assets that a lot of these banks have on their sheets that make the quality not quite as good as some of their competitors.
  • Egan – David,  you bring up very good points. That is why we did not more of a negative action. But it would be foolish not to realize that the the operating environment has changed. They don’t have the backstop of the FDIC Insurance. We tend to think that 13-1 is too high leverage, that the fundamental business is riskier than the typical bank especially with the right hand side being funded the way it is. Yes, they have some long-term debt. you  take it all in balance and we have to protect our clients. They are investors, they are not the issuers. And our clients should be forewarned to take a closer look at that and hopefully, they are.
  • Faber – But you did make the central point of your argument to a certain extent that the sovereign exposure was 77% of their equity. And that doesn’t really appear to be the case.
  • Egan – David, I think if we get full disclosure on what those positions are, that would be terrific. We don’t have the full disclosure, nor does the rest of the market. Until we get that comfort, then we might give them a slightly higher rating. It’s unlikely. We still have them at investment grade. Again, it’s a reflection of their operating experience.
  • Lee What would be full disclosure Sean out side of the press release they issued which outlined the specific exposure to each individual country? You want to see all the hedges they have in place?
  • Egan – It goes beyond the country. Quite frankly, we worry more about those countries, the issuers that are in the weaker countries than the the countries themselves. For example, in the case of Italy, you probably — we should worry more about corporations that have seen their funding costs rise about 250 basis points over the past year and by the way, that ties back in, there’s another concern of us on Jefferies that their funding costs have increased. This is not a a huge move. We want to see how the company responds to it.
  • Faber – in this environment as you point out, it was a modest mo
    ve Sean.
    None the less, it has significant impact. These are financial companies we’re talking about. it doesn’t take much more from someone like you to set off a potential panic which we saw today.
  • Egan – David, I think cutting our rating one notch is a reasonable response to the fact that the company’s funding costs have increased and they still have fairly high leverage and you have some concerns about their sovereign and related exposure. Hopefully, we will get more transparency especially on the derivatives. We would like more information.
  • Faber – This is the only downgrade you did today, correct? In other words, is this a unique animal after MF,  there’s no others similar to Jefferies that you also worry about?
  • Egan – (a bit exasperated) We’ve put out a number of reports today. I don’t have a listing of all of them. this is a only broker dealer in the last 48 hours, except an update on recovery rates.
  • Hobbsif guys like you are now going look at banks or dealer’s exposure to Europe on the bigger economies and at the corporate level, that is opening a can of maybe the legitimate place to now be, but that opens a can of worms does it not on ratings and exposure on wall street?
  • Egan – It has to. For goodness’ sake, if you look at the funding costs of Italy, rising over 200 basis points over the past 12 months, 250 basis points. It has a huge effect. All the banks are scrambling to raise capital. It’s a major event.
  • Hobbs interrupts – at the corporate level, importantly now you’re talking about the corporations.
  • Egan – yes, you look at the funding costs of the sovereigns and the corporations are below that. because if the sovereign’s funding cost increased, all the corporation’s funding costs have increased, Simon.
  • Hobbs – I understand. the exposure typically is much greater. can you repeat that, please. I said I understood what you’re saying, but the exposure typically to the corporations in a nation is far greater for an average bank is far greater than its exposure to sovereign debt which was the point I was simply trying to make.
  • Quintannia – So, if you had to put an end period on it, is this call more about what you know or more about the opacity of disclosure, things you do not know?
  • Eganit’s more a warning that the company has to respond. The lessons learned from Lehman Brothers, Bear Stearns, MF Global is
    that there have been
    massive hubris whereby the companies have assumed that everything is fine, they haven’t taken the investors into account, they haven’t adjusted their business and  as a result, they’ve been caught up in it and there’s been
    massive loss to the country. Hopefully, there will be some response. Jefferies is an incredible franchise and we hope they live for another 150 years as is Lehman Brothers and hopefully, they’ll make adjustments and realize the operating environment has changed and they have to respond to it. It would be foolish not to.


5. Defending Jefferies: Fears Overblown? – Anton Schutz on CNBC Street Signs – Thursday, November 3

Anton Schutz, President & CIO of Mendon Capital Advisors appeared on CNBC to defend Jefferies and seemingly to rebuke Sean Egan for yelling fire in a crowded theater. His ire at Sean Egan was ably and enthusiastically joined by CNBC Anchors Brian Sullivan and Amanda Drury. Only CNBC’s Herb Greenberg had the courage to defend Sean Egan against attacks by Anton Schutz and CNBC Anchors.

  • Sullivan – Anton, were you able to hear the comments I got from Meredith Whitney?
  • Anton Schutz – I did. and I agree wholeheartedly.
  • Sullivan – Everybody is piling on Jefferies today. We’re not trying to say everything’s fine, but there’s a lot of negative commentary out there. Give us the real story of Jefferies right now.
  • Anton Schutz – The real story is someone on a research report and had one side of the equation. your research report isn’t correct. I know that firm came out and tried to defend its research report even further after Jefferies released all of the facts and made it clear that they actually are net short Europe, not to a large amount. but they have a fully balanced portfolio. They’re not taking a big bet anywhere. That’s exactly the culture of this firm. I do business with Jefferies. So most importantly I’m going to continue doing business with Jefferies. That’s the strongest statement I can make. I think it’s irresponsible to shout fire in a crowd. punishing the stock right now
  • Drury — you think it’s being unfairly punished?
  • Schutz – Sure. it’s about a report that stated half half the truth.
  • Greenberg – This is herb. Sean said downgraded mildly at a point. He pointed out the issues. You’re going to fault a guy who’s an independence research guy just for doing that? look. people overreacted or you could argue they overreacted. yeah. i am going to fault him. but you’re saying he yelled fire in the theater. i think he did what he typically does for a living in which he basically — I’m not defending Sean here but you have to say he basically has a good reputation, so you have to take what he says genuinely — fairly seriously.
  • Schutz – right. which is yelling fire. I‘m not talking about his reputation. I’m talking about half the facts were stated. Half the facts were they got this big European position. If you don’t have the other half of the story, which is the short European position, then you have a misstatement and it’s material and of course the stock is going to take that kind of hit given what just happened to MF Global, which obviously is scary. You have a theater of people running for the exit. He has a good reputation which is why the stock reacted, but he had only had half the story.
  • Sullivan – I‘ve been on the phone with Jefferies multiple times today. Here’s what they said and maybe I misunderstood it as well earlier. There was a feeling that the hedges were maybe credit default swaps and without getting into the weeds that’s a market that’s now being perceived as broken. There’s a feeling maybe the hedges were not appropriate or would not actually work. Jefferies told me moments ago when they put out a second release there are no credit default swaps. Our hedges are pure hedges meaning they have long debt, short debt which actually results in a net short of $38 million. there’s no funky CDS stuff going on here. do you agree with that?
  • Schutz – I do agree with it and the first release actually stated it. Didn’t say no credit default swaps but literally said we are short bonds and listed the exact dollar amount by country. you know, I know it clarifies it — they reference these futures. they said through the futures market which I think had a lot of people thinking this was a funky CDS. yep.
  • Drury – (minute 03:26) silence —– okay.  i want to get to the SEC. angle with you, Herb. what’s going on? there’s a probe by the SEC. —
  • Greenbergwell, what I want to say. We have to be careful how we say this. Earlier I reported John Gavin of Disclosure Insight  mentioned there’s an undisclosed SEC investigation. The company came out effectively and said that it has a limited number of routine regulatory reviews in process all of which are insignificant in scope and absolutely immaterial to Jefferies. I do want to point materiality is a subjective issue. We’ve seen companies say all sorts of things, but given the day of today we’ll say this is their statement and it’s just interesting to note that there are regulatory investigations all the time. yeah. indeed have theirs.
  • Sullivan – Anton, you’re not worried about that?
  • Schutz – You can’t be. When you’re in the business of having that many securities businesses, you’re always talking to the SEC and you have a lot of employees. You’re always going to have some factors.
  • Greenbergthis was the enforcement division according to disclosure insight. But you’re right. and a lot — the thing here was a lot of organizations have disclosed their investigations. this was just undisclosed. just interesting to note.
  • Schutz – materiality is always the point where you have to disclose. and if they’re saying it’s not material, then they don’t have disclose. that’s the question.
  • Drury –  just real quick Anton, I want to ask you to what extent do you have we feel a bit of a witch hunt going on here? There are a number of companies that will have significant exposure to Europe and the problems over there. You see it blowing up at MF Global. You see obviously the witch hunt going on with Jefferies, et cetera, how many other companies do you think are out there that people will start speculating on as to what their exposure is and attacking the stock?
  • Schutz – well certainly, that’s a problem out there when you do have a witch hunt. You have one company which made a wildly crazy bet relative to its capital position. You have to assume people are cowboys and lunatics to take that kind of a bet. It was a crazy bet to make that bet knowing all the things we know. what caused the downfall of Lehman was they felt they were too big to fail and leverage their book with more tough securities. again, that kind of environment was out there throwing a lot of lessons learned here there shouldn’t be a whole lot of MF Globals out here that have made these kind of bets. i know there’s a fear of it.
  • Greenberg – Well, I also think trust is a big issue right now with anything financial services related.
  • Drurythere’s a lack of confidence. absolutely.
  • Schutz – Yeah. I mean, I can tell you at the big banks, you know, the capital that these big banks have is tremendous. they’ve raised so much capital. they’ve got so much in reserves. So heavily regulated and examines all over them all the time.

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